Mumbai Court says No Offence if Pedestrian was Hit while Not Using Zebra Crossing

By Legal Wires 3 Minutes Read

A Magistrate Court in Mumbai observed that pedestrians are not supposed to cross the Eastern Express Highway unless there is a zebra crossing while acquitting a 30-year-old biker who was accused of killing a 60-year-old woman while she was crossing the road in the year 2017.

State (Pantnagar Police Station) v. Hemant Nagesh Hatkar

The biker was booked under Sections 279 (rash and negligent act), 304(A) (causing death by negligence) of the Indian Penal Code and for the offence punishable under Section 134(a)(b) of the Motor Vehicle Act.

The court was in view that the accident happened in the middle of the road and there was nothing in the record to show that the victim was using the zebra crossing.

The court noted that the footpath was at 35 feet and the road divider at 15 feet distance from the spot of incident on the Eastern Express Highway. Inferring that the incident had happened in the middle of the road while the victim was crossing the road.

The court remarked that “….It is question of common knowledge that pedestrians are not supposed to cross eastern express highway unless there is zebra crossing.”

The Magistrate further said nothing could connect the biker to the act of ramming into the victim. The informant was not an eyewitness and came after the incident.

“In the circumstance, it is clear that prosecution has failed to establish that accused drove his motor vehicle on a public road in rash and negligent manner endangering human life or personal safety of others and thereby caused death of Mudrika Kamble and also failed to provide her medical assistance and to report the matter to the nearest police station.”

Legal Wires

Team @LegalWires